Applying for an Anti-Dumping Review Panel review

There are 2 types of decisions you can apply for: 

1. decisions of the minister
2. decisions of the commissioner. 

Reviewing a decision of the minister

You can apply for a review of the following decisions of the minister:

• to publish a dumping duty or countervailing duty notice (s 269TG(1) or (2) or 269TJ(1) or (2))
• to publish a third country countervailing duty notice (s 269TK(1) or (2))
• to publish a third country dumping duty notice (s 269TH(1) or (2))
• the decision not to publish a dumping duty notice or countervailing notice (s 269TL(1))
• decision of the minister following a review of anti-dumping measures (s 269ZDB(1))
• to secure or not secure the continuation of anti-dumping measures following a continuation inquiry (s 269ZHG(1))
• to alter or not alter a dumping duty notice or a countervailing duty notice following an anti-circumvention inquiry (s 269ZDBH(1)).

To apply you must be an interested party. An ‘interested party’ is defined in section 269ZX of the Customs Act 1901.

Reviewing a decision of the commissioner

You can apply for review of the following decisions of the commissioner:

• negative prima facie decision: to reject an application for dumping and countervailing measures (s 269TC(1) or (2)) 
• termination decision: to terminate an investigation into an application for dumping or countervailing measures (s 269TDA(1), (2), (3), (7), (13), (13A), (14) or (14A)) 
• negative preliminary decision: to recommend to the minister the refund of an amount of interim duty less than the amount in an application for duty assessment, or waiver an amount over the amount of interim duty paid (s 269X(6)(b) or (c))
• rejection decision: to reject an application for duty assessment or terminate the examination of a duty assessment (s 269YA(2), (3) or (4))
• anti-circumvention inquiry termination: to terminate an anti-circumvention inquiry (s 269ZDBEA(1) or (2)). 

Confidential Information

If your application has confidential or commercially sensitive information, you must provide a non-confidential version of the application. This obligation applies to applications seeking a review of a ministerial decision or termination decision of the commissioner.

The non-confidential version must include a summary of any information removed because of confidentiality. The summary must have enough detail to give a reasonable understanding of the information, without breaching confidentiality. This is a requirement of s.269ZZY of the Customs Act 1901 and the application form approved by the Senior Member.

You must mark the confidential version of your application as ‘CONFIDENTIAL’ at the top of each page. You must also highlight all confidential or commercially sensitive content in yellow.

It is up to you to highlight all sensitive information. The yellow highlights help the Anti-Dumping Review Panel and its secretariat find the confidential information when preparing and publishing material.

Privacy

We collect information from you for the purpose of processing your application and carrying out the review. As part of the review, your information may be shared with the Anti-Dumping Commission. Please refer to our privacy statement.